City says settlement isn't admission of wrongdoing in council meeting arrest

By Brittany Anas

Posted:
09/21/2010 09:34:52 AM MDT

Updated:
09/21/2010 11:10:41 PM MDT

The city of Boulder has agreed to pay Seth Brigham $10,000 to avoid a civil-rights lawsuit over the partially clothed activist's arrest at a City Council meeting earlier this year.

Attorney David Lane, who represents Brigham, announced Tuesday that Boulder officials are writing a check for $10,000 to his client. In exchange, Lane said, Brigham agreed not to sue the city for violating his First Amendment right to free speech and his Fourth Amendment right to be free from unlawful arrest.

“Under the terms of the settlement, neither side is making any admission of liability, errors or blame,” city spokeswoman Sarah Huntley said in a statement. “The city's decision to settle this claim is based on economic factors, including the costs that would be associated with litigating this matter.”

Brigham, who is on long-term disability due to his bipolar disorder, said he can't save the money because he could lose his disability pay. He said he plans to buy himself a scooter to help get around town.

“Maybe I'll buy myself some nice pairs of boxers — one for every City Council meeting,” he said.

He even offered to buy boxers for any council members who forgo wearing pants at the meetings.

“The check itself proves they knew they were wrong,” said Brigham, who unsuccessfully requested that the city pass a resolution on its dedication to constitutional rights.

Police arrested Brigham on Feb.

Seth Brigham poses for a photo Tuesday in the Boulder City Council chambers, where he was arrested in February after addressing the council in his boxer shorts. The city has agreed to pay Brigham $10,000 to avoid a civil-rights lawsuit. (Paul Aiken/Camera)

16 after he refused to leave the podium during the public-comment portion of a council meeting. He was wearing only his boxer shorts and was told to leave after he directed comments to councilman George Karakehian about his business practices and councilwoman Suzy Ageton about her campaign contributions.

The city later dropped charges of trespassing and obstructing police, and Mayor Susan Osborne apologized.

“They're paying money because we threatened to sue for the First and Fourth amendments,” Lane said in an interview. “If they want to save taxpayers' dollars, then don't violate the constitutional rights of taxpayers.”

According to the settlement agreement, which was provided to the Camera by Brigham and his attorney, $6,000 will go to Brigham and $4,000 will go to Lane, whose clients have included CU professor Ward Churchill and “Balloon Boy” father Richard Heene.

Mayor Osborne said the city took advice from its attorneys regarding the settlement.

“There are a lot of things I'd rather spend the city's money on, but when we looked at the economics of the trial, this was the wiser route,” she said.

City Councilman Macon Cowles said it's reasonable for the city to settle with Brigham.

“This was not the City Council's finest hour,” Cowles said.

He said there were several mishaps, ranging from Osborne interrupting Brigham, to Karakehian signaling for police to remove him from the meeting.

“I personally regret that this happened,” Cowles said. “I think to settle with Seth is an acknowledgement that this is not something we'd like to repeat.”

Councilman Matt Appelbaum — who has publicly acknowledged the council mishandled the situation — said the settlement is reasonable.

Councilwoman KC Becker said it doesn't necessarily admit any wrongdoing, but will minimize distractions.

“I think it's best if we move on,” Becker said.

Councilman Ken Wilson declined to comment.

“I don't think City Council members have freedom of speech in this kind of a situation,” he said.

Seth Brigham is arrested by Boulder police officers after addressing a council meeting in his boxer shorts last February. (PAUL AIKEN)

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